Section 113: Appointment to certain offices

113. Appointment to certain offices (1) A suitably qualified person may, irrespective of his age, be appointed to hold the office of Electoral Commissioner, Director of Public Prosecutions, Chief Justice, Senior Puisne Judge, Puisne Judge, Commissioner of Police or Director of Audit for such term, not exceeding 4 years as may be specified in the instrument of appointment and this Constitution shall have effect in relation to any person so appointed as if he would attain the retiring age applicable to that office on the day on which the specified term expires. (2) Notwithstanding any provision to the contrary in this Constitution, but subject to subsection (3), an appointment made under section 87 or 89 (3) (h) shall be for such term as may be specified in the instrument of appointment. (3) An appointment to which subsection (2) applies— (a) subject to paragraph (b), shall terminate at the expiry of the term specified in the instrument of appointment; (b) may be terminated at any time after a general election held after the appointment. (4) Where under any law other than this Constitution, an appointment is made to an office by the Prime Minister, the Deputy Prime Minister, or any other Minister or on his advice or after consultation with him, or with his approval, the holder of the office may, notwithstanding any provision to the contrary in this Constitution, be required to vacate the office at any time after a general election held after the appointment. (5) Where an appointment is terminated under subsection (3) (b) or (4), no compensation shall be payable to the holder for loss of office by reason of the termination of his appointment, other than such compensation as may be prescribed under the Employment Rights Act and he shall not be entitled to any other damages or compensation under any other law whatsoever. [S. 113 amended by Act 2 of 1982; Act 38 of 1991.]